Access to Data in Connected Cars and the Recent Reform of the Motor Vehicle Type Approval Regulation

Abstract

The need for regulatory solutions for access to in-vehicle data and resources of connected cars is one of the most controversial and unresolved policy issues. Last year the EU revised the Motor Vehicle Type Approval Regulation which already entailed a FRAND-like (fair, reasonable, and non-discriminatory) solution for the access to repair and maintenance information (RMI) to protect competition on the automotive aftermarkets. However, the transition to connected cars changes the technological conditions for this regulatory solution significantly. This paper analyzes the reform of the type approval regulation and shows that the regulatory solutions for access to RMI are thus far only very insufficiently capable of dealing with the challenges that come along with increased connectivity; e.g. with regard to the new remote diagnostic, repair and maintenance services. Therefore, an important finding of the paper is that the transition to connected cars will require further reform of the rules for the regulated access to RMI (especially with regard to data access, interoperability, and safety/security issues). However, our analysis also suggests that the basic approach of the current regulated access regime for RMI in the type approval regulation can also be a model for developing general solutions for the currently unsolved problems of access to in-vehicle data and resources in the ecosystem of connected driving.